This case has been cited 2 times or more.
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2009-07-03 |
BRION, J. |
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| Burden of proof, under Section 1, Rule 131 of the Rules on Evidence, refers to the duty of a party to present evidence on the facts in issue in order to establish his or her claim or defense. In a criminal case, the burden of proof to establish the guilt of the accused falls upon the prosecution which has the duty to prove all the essential ingredients of the crime. The prosecution completes its case as soon as it has presented the evidence it believes is sufficient to prove the required elements. At this point, the burden of evidence shifts to the defense to disprove what the prosecution has shown by evidence, or to prove by evidence the circumstances showing that the accused did not commit the crime charged or cannot otherwise be held liable therefor. In the present case, the prosecution completed its evidence and had done everything that the law requires it to do. The burden of evidence has now shifted to the defense which now claims, by an affirmative defense, that the accused, even if guilty, should be exempt from criminal liability because of his age when he committed the crime. The defense, therefore, not the prosecution, has the burden of showing by evidence that the petitioner was 15 years old or less when he committed the rape charged.[30] | |||||
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2003-02-04 |
CARPIO MORALES, J. |
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| Net earning capacity = 2/3 x (80-age of the victim at the time of his death) x a reasonable portion of the annual net income which would have been received by the heirs for support[42] At the time of his death, Gomez was 48 years old.[43] Per the certification of employment and compensation[44] presented at the trial court, his average monthly gross income was P5,383.12 or an annual gross income of P64,597.44. In the absence of proof of his living expenses, his net income is deemed to be 50 percent of his gross income.[45] Using the above-stated formula, the indemnity for the loss of earning capacity of Gomez is P688,931.70, arrived at as follows: Net earning capacity = 2 (80-48) x [P64,597.44 - P32,298.72] 3 = 2 (32) x P32,298.72 3 = 21.33 x P32,298.72 = P688,931.70 With respect to the award by the trial court of P200,000.00 in moral damages, in line with prevailing jurisprudence[46], it is hereby reduced to P50,000.00. | |||||